Environmental Protection in Kenya’s Environment and Land Court

Abstract

In 2010, Kenya revised its Constitution to include the right to a ‘clean and healthy environment’, environmental impact assessment (EIA) requirements and the establishment of a specialised environmental court, the Environment and Land Court (ELC). As the only currently operational and constitutionally mandated environmental court in Africa, this analysis examines the ways in which the ELC has applied the right to a clean and healthy environment and enforced the constitutional requirement for EIAs in its rulings. Overall, it demonstrates that in the short period during which the Court has existed, the ELC has developed a robust and progressive jurisprudence, especially by holding government power to account for any failings in carrying out EIAs and in upholding the environmental rule of law. In analysing the works of the ELC, this study focuses on three recent cases: Leboo, Kamau and ACRAG.

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